Egypt 2012 Constitution

Part IV. Independent Bodies and Regulatory Agencies

Chapter 1. Common provisions

Article 200. Independence

Independent bodies and regulatory agencies that are defined in the Constitution have legal personality, neutrality, and technical, administrative and financial autonomy.

Additional independent bodies and regulatory agencies are defined by law.

These independent bodies and agencies are consulted about draft laws and regulations that relate to their fields of operation.

Article 201. Public reports

Reports from independent bodies and regulatory agencies are presented to the President of the Republic, the Council of Representatives and Shura Council within 30 days from the date on which they are issued.

The Council of Representatives considers such reports and takes appropriate action within a period not exceeding six months from the date of receipt. The reports are presented for public opinion.

Regulatory agencies notify the appropriate investigative authorities of any evidence of violations or crime they may discover.

The foregoing is regulated by law.

Article 202. Appointment of heads

The President of the Republic appoints the heads of independent bodies and regulatory agencies upon the approval of the Shura Council, for a period of four years, renewable once. They cannot be dismissed except with the consent of a majority of the Council’s members; the same prohibitions apply to them that apply to ministers.

Article 203. Mandate, appointment and dismissal of personnel

For the creation of each independent body or regulatory agency, a law is issued defining competencies other than those outlined in the Constitution, regulating the agency’s work and stipulating the necessary securities to enable its personnel to carry out that work.

The law defines details of appointment, promotion, accountability and dismissal, and other conditions of employment, to ensure the personnel’s impartiality and autonomy.

Chapter 2. Regulatory Agencies

Section 1. The National Anti-Corruption Commission

Article 204. Mandate

The National Anti-Corruption Commission combats corruption, deals with conflicts of interest, promotes and defines the standards of integrity and transparency, develops the national strategy concerned with such matters, ensures the implementation of said strategy in coordination with other independent bodies, and supervises the concerned agencies specified by law.

Section 2. Central Auditing Organization

Article 205. Mandate

The Central Auditing Organization has control over state funds and any other body specified by law.

Section 3. The Central Bank

Article 206. Mandate

The Central Bank stipulates monetary, credit and banking policies, supervises their implementation, monitors the performance of the banking system, works to establish price stability, and has exclusive rights to issue currency.

The foregoing is in accordance with the state’s overall economic policy.

Chapter 3. The Economic and Social Council

Article 207. Mandate

The Economic and Social Council supports the participation of social groups in the preparation of economic, social and environmental policies, and promotes social dialogue.

The government, the Council of Representatives and the Shura Council consult the Economic and Social Council on those policies and any related draft laws.

The Council consists of at least 150 members, selected by their elected organizations of trade unions, syndicates, associations of farmers, workers and professionals, and other social groups, provided the representation of workers and farmers makes up for at least 50 percent of the Council members.

Membership of this Council may not be combined with membership of the government or either of the parliamentary chambers.

The details according to the Council is formed, its President is elected, the regulations governing its work are issued, and the means of presenting its recommendations to the state authorities are defined by law.

Chapter 4. The National Electoral Commission

Article 208. Mandate

The National Electoral Commission is exclusively responsible for managing referenda and presidential, parliamentary and local elections, which includes the preparation of a database of voters, input on the division of constituencies, control over electoral funding and expenditure, electoral campaigns and other procedures, up to the announcements of results.

The Commission may be entrusted with supervising the elections of trade unions and other organizations.

The foregoing is regulated by law.

Article 209. Composition and term

The National Electoral Commission is administered by a board made up of 10 members selected equally from among the deputies of the head of the Court of Cassation, the heads of the Courts of Appeal, the deputy head of the State Council, the State Affairs and Administrative Prosecution, who are to be selected by the Supreme Judicial Council and special councils depending on the circumstances from outside their board members, to be fully delegated for exclusive work at the Commission for one term of six years. The Commission’s presidency belongs to its longest-serving member from the Court of Cassation.

Elections are held to renew half of the Commission members every three years.

The Commission may refer to public figures or specialists deemed to have relevant expertise in the field of elections. The Commission has an executive body.

The foregoing is organised by law.

Article 210. Balloting and counting of referenda and elections

Voting and counting of votes in referenda and elections run by the Commission is administered by its affiliated members under the overall supervision of the Board. Members are furnished with the necessary securities that enable them to perform their role with impartiality and autonomy.

As an exceptional measure, the Commission delegates the overseeing of voting and counting of votes to members of the judiciary for at least 10 years from the date the Constitution is ratified, all as regulated by law.

Article 211. Dispute resolution

The Supreme Administrative Court adjudicates on appeals brought against the decisions of the National Electoral Commission pertaining to referendums and parliamentary or presidential elections and their results. Appeals pertaining to local elections are brought before an administrative court.

The law regulates the procedure for appeals and the timeline for adjudication in a manner that does not disrupt the electoral process or the announcement of final results. The final results of referendums or presidential elections may not be challenged after their announcement.

In all cases, the announcement of results must take place within a period not exceeding eight days from the ballot date.

Chapter 5. Independent bodies

Section 1. The Supreme Authority for Endowment Affairs

Article 212. Mandate

The High Authority for Endowment Affairs regulates, supervises and monitors public and private endowments, ensures their adherence to sensible administrative and economic standards, and raises awareness about endowments in society.

Section 2. The Supreme Authority for Heritage Conservation

Article 213. Mandate

The Supreme Authority for Heritage Conservation regulates the means of protecting the cultural and architectural heritage of Egyptians, supervises its collection and documentation, safeguards its assets, and revives awareness of its contributions to human civilization.

This Authority undertakes the documentation of the 25 January revolution.

Section 3. The National Council for Education and Scientific Research

Article 214. Mandate

The National Council for Education and Scientific Research develops the national strategy for education in all its forms and all its stages, ensures integration between the stages, promotes scientific research, develops national standards for the quality of education and scientific research, and monitors the implementation of such standards.

Section 4. Independent Press and Media Organizations

Article 215. Mandate

The National Media Council regulates the affairs of radio, television, and printed and digital press, among others.

The Council ensures the freedom of media in all its forms, safeguards plurality, fights centralization and monopoly, protects the interests of the public, and establishes controls and regulations ensuring the commitment of media to adhere to professional and ethical standards, to preserve the Arabic language, and to observe the values and constructive traditions of society.

Article 216. State owned media

The National Press and Media Association manages state-owned press and media institutions and undertakes the development of them and their assets to maximize their national investment value and ensure their adherence to sensible professional, administrative and economic standards.